Can You Get a Legal Separation in Florida?

Ending a marriage can be a complex process, especially for high net worth couples. That is why many couples facing a breakdown of their marriage instead opt for separation while stopping short of divorce. It is important to understand the potential legal implications of separation, however, especially if you and your spouse intend for this to be a long-term solution.

The Limits of Separation Agreements

Perhaps the most important thing to understand is that Florida law does not recognize a separate cause of action for a legal separation. In some states, you can sue your spouse for a legal separation, the same as you would for a divorce.

In Florida, however, you can only sue a spouse for divorce or a separate action for support unrelated to a divorce. There is no requirement in Florida for spouses to live together, of course, and, if the parties choose to live apart, they can sign a written contract or simply make an informal agreement on how to divide financial and familial responsibilities. Keep in mind, however, that, in the event of a divorce, Florida courts are not obligated to honor any such informal separation agreements, particularly as they might relate to issues affecting minor children.

Additionally, even a written separation agreement can be difficult to enforce in Florida depending on how it is drafted. For example, in a 2014 case, Elias v. Elias, the Florida Fourth District Court of Appeal took issue with a prenuptial agreement that defined the parties’ obligations in the event they “become legally separated pursuant to judicial proceedings or an agreement.” Since Florida does not recognize a cause of action for legal separation, the Fourth District concluded that it was “unclear” how the state’s courts could properly interpret such language.

Do You Need to Separate Before Divorce?

Just as Florida recognizes no separate cause of action for legal separation, it also imposes no separation requirement before either spouse can file for divorce. In Florida, the only requirement is that one spouse be a resident of the state for at least six months prior to filing for divorce.  This means that you could still be living in the same house as your spouse up to the day one of you asks for a divorce.

Contact a Miami Divorce & Dissolution of Marriage Lawyer Today

Despite the legal gray area it creates, there may be a number of reasons why a couple might want to consider separation as an alternative to divorce. This can include financial or religious reasons. Or it may simply be the case that the couple believes a period of separation may lead to reconciliation at a future date.

If you have decided that divorce is the right option, however, it is important to speak with qualified legal counsel about your situation. Our Miami divorce and dissolution of marriage  lawyers can advise you on what steps to take next. Contact Hamilton O’Neill today at 305-371-3788 to schedule a consultation with a member of our team.

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